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Full Text of Decision

Environmental Protection Specialist

42850SERVICE DATE – FEBRUARY
19, 2013

OEA

SURFACE TRANSPORTATION BOARD

WASHINGTON, DC 20423

ENVIRONMENTAL
ASSESSMENT

Docket No. AB-33 Sub No. 306X

Union Pacific Railroad Company — Abandonment
Exemption—

in Cameron County, Tex.

And

Docket No. AB-1091X

Brownsville and Matamoras Bridge Company
–- Abandonment Exemption –-

in Cameron County, Tex.

BACKGROUND

On
December 20, 2012, Union Pacific Railroad Company (UP) and Brownsville and
Matamoras Bridge Company (B&M) jointly filed with the Surface
Transportation Board (Board) a petition under 49 U.S.C. § 10502 for exemption
from the prior approval requirements of 49 U.S.C. § 10903 to permit: (1) UP to
abandon and discontinue the portion of UP’s Brownsville Subdivision from
milepost 7.4 at Olmito Junction to milepost 0.22 at Brownsville, TX (UP’s
Brownsville Subdivision); and (2) B&M to abandon its 0.8 mile line from its
connection to UP’s Brownsville Subdivision near UP milepost 0.41 to the
international border with Mexico located near the center-point of B&M’s
bridge at Brownsville (B&M Bridge Line), a total distance of 7.98 miles in
Cameron County, TX. (collectively, the Line).UP and Mexico are the sole shareholders of B&M with each owning a 50
percent interest.A map depicting the Line
in relationship to the area served is attached to this Environmental Assessment
(EA).

According
to UP and B&M (Applicants), the proposed abandonment and discontinuance results
from the current construction of an entirely new line of railroad running from
Olmito Junction to a new international rail bridge with Mexico located
approximately 15 miles up the Rio Grande River from the B&M Bridge that
will relocate the UP’s rail traffic from downtown Brownsville and Matamoros. The
construction of the new rail line and bridge were authorized by Presidential
Permit 04-1 issued October 1, 2004.This
permit authorizes Cameron County, TX to construct, operate and maintain an
international bridge, its approaches and facilities at the international
boundary between the United States and Mexico.[1]

The
Applicants opine that this new line of railroad and international bridge should
be completed and operational sometime during 2013.Once this line of railroad and international
bridge are open, UP would shift its rail traffic to this new route.

Moreover,
the Applicants state that if approved, the abandonment would allow the City of
Brownsville and Cameron County to fully realize the benefits of this relocation
project, which is fourfold:

1.Removal of the existing
rail system from residential and downtown areas of Brownsville and Matamoros,
thereby improving safety and reducing congestion and noise.

2.Elimination of
existing at-grade crossings in the project area.

3.Reduction of
local air emissions from idling vehicles.

4.Reduction of the
community’s exposure to potential derailments, hazmat accidents and railcar
explosions.

If
the abandonment and discontinuance are approved, the Applicants state that the
northern and eastern portions of the Brownsville area, including the Port of
Brownsville would continue to receive rail service from UP, BNSF Railway, and
the Rio Grande International Railroad.The Applicants further opine that the area has access to ocean shipping that
is available via the Port of Brownsville as well access to a number of local,
state, and federal roadways including U.S. Highways 83, 77 and 281.

The Applicants state that, if the proposed
action is approved, the Line would likely be transferred to Cameron County
and/or the City of Brownsville, TX for interim trails use.According to B&M, the 0.08 mile B&M
Bridge would remain under its ownership because that portion of the Line is unsuitable
for both public use and interim trail use.B&M also notes that the B&M Bridge may prove useful in the
future for the movement of motor vehicle traffic across the border between
Mexico and the United States.

DESCRIPTION OF THE RAIL LINE

The Line passes
through an area that is generally flat and traverses mixed residential,
commercial, industrial and recreational development located in the western city
limits and suburbs of Brownsville, TX.The
width of the right-of-way is typically 100 feet wide and traverses United States
Postal Service Zip Code 78520.

According
to UP and B&M, the Line does not contain any reversionary property or federally
granted rights-of-way.The Applicants
request that the proposed abandonment be exempt from the offer of financial
assistance procedures as well as public use provisions.The Applicants also note that the UP
right-of-way is suitable for public purposes including roads or highways, other
forms of mass transportation, or energy production or transmission.

ENVIRONMENTAL REVIEW

UP
and B&M submitted an Environmental Report that concludes that the quality
of the human environment will not be affected significantly as a result of the
abandonment or any post-abandonment activities, including salvage and
disposition of the right-of-way.UP and
B&M served the Environmental Report on a number of appropriate federal,
state, and local agencies as required by the Board’s environmental rules (49
C.F.R. § 1105.7(b)).[2]The Board’s Office of
Environmental Analysis (OEA) has reviewed and investigated the record in this
proceeding.

Diversion
of Traffic

According
to the Applicants, no local rail traffic has moved over the Line in more than
two years. The Line is currently only used for the overhead movement of UP and
BNSF Railway traffic to and from Mexico.Because this proposed action, if approved, would result in the
relocation of rail traffic, no rail-to-truck diversions would occur. The
Applicants also note that no complaint regarding cessation of service has been
filed or is pending.Therefore, OEA
believes that there would be no impact on existing regional or local
transportation systems or patterns.Further, there would be no effect on the movement and/or recovery of
energy resources, recyclable commodities or change in overall energy efficiency.

As noted earlier, shippers located in the
northern and eastern portions of the Brownsville area, including the Port of
Brownsville would continue to receive rail service from UP, BNSF Railway, and
the Rio Grande International Railroad.The Applicants state that the area is served by access to ocean shipping
as well numerous local, state, and federal roadways.

Salvage
Activities

If
the abandonment is approved, the Applicants would salvage the rail, ties and
track materials.However, the railbed,
subgrades and all structures, culverts and related items would remain in place
and not disturbed.All salvage
activities would occur within the existing right-of-way using existing access
routes.

The City of Brownsville, TX, in
letters dated September 4, 2012 and January 29, 2013 requests that the Board
issue a Public Use Condition and an Interim Trail Use Condition rather than
outright abandonment. UP has agreed to transfer the right-of-way to Cameron
County if the abandonment is approved.

The Natural Resources Conservation
Service states that it does not normally consider abandonment of an existing
railroad a conversion of Important Farmland; therefore, the proposed rail
abandonment has received a Farmland Conversion Impact Rating of exempt.

The
Applicants state that the Line does not lie within the coastal zone as mapped
by the Texas General Land Office.Because
we have not received a response from the Texas General Land Office, Coastal
Zone Program, OEA will provide a copy of this EA for their review and comment.

According to UP and B&M there
are no known hazardous materials waste sites or sites where known hazardous
material spills have occurred on or along the Line.

OEA conducted a search the U.S. Fish
and Wildlife Service’s (USFWS) website[3]
to search for any species of concern in Cameron County, TX.The USFWS website lists the following species
as threatened and endangered:

In
their Environmental and Historic Report, the Applicants state that the Line is
currently subject to active maintenance and vegetation control; therefore there
should be no impact to wildlife and vegetation as none currently exist.The Applicants also state that they are
agreeable to arranging for a nesting survey of migratory birds in the instance
that salvage activities extend into the migratory bird nesting period of March
through August.

The
USFWS states that the proposed right-of-way (ROW) is located near the Lower Rio
Grande Valley National Wildlife Refuge.The ROW is also adjacent to a Fish Hatchery under jurisdiction of the
USFWS, to a reservoir that is potential habitat for wildlife species and
migrating birds and animals, and crosses a waterway/irrigation canal.Accordingly, OEA will recommend a condition
requiring UP and B&M to consult with the USFWS, Ecological Services, Alamo
sub-office.

The
National Park Service has not responded to the railroad’s environmental
report.OEA has provided a copy of this
EA to the National Park Service for review and comment.

According
to the Applicants, they are currently in consultation with the U.S. Army Corps
of Engineers, Corpus Christi Office (Corps) regarding the need for any permits
under Section 404.The Applicants state
that they will notify the Board regarding the outcome of those
discussions.The Applicants note that
they do not anticipate that there will be any requirements for Section 402
permits.Accordingly, OEA will recommend
a condition requiring UP and B&M to consult with the Corps and the Texas
Commission on Environmental Quality, Water Program.

In
an email dated September 19, 2012, the U.S. Department of Commerce, National
Geodetic Survey states that there are approximately four geodetic station
markers located in the area of the proposed abandonment.OEA will recommend that UP and B&M
consult with the NGS prior to the commencement of any salvage activities to
allow for relocation of any affected survey markers.

Based on all information
available to date, OEA does not believe that the proposed abandonment would result
in significant environmental impacts.

HISTORIC REVIEW

In its Historic Report, UP and B&M state that the Line does
not contain any structures that are 50
years old or older and that it does not contain any federally granted
rights-of-way.However, UP offered a
correction noting that the Brownsville Subdivision portion of Line does contain
two open deck bridge structures that are 50 years old or older.The bridges are located at mileposts 6.21 and
6.72.

According
to the Applicants, the Line was originally constructed in 1904 by the St.
Louis, Brownsville and Mexico Railway Company (StLBMRC).The StLBMRC was originally chartered on June
6, 1903 to run from Sinton, TX to the Rio Grande River at Brownsville, TX with
a branch extending westerly to the southeast corner of Starr County, a distance
of 200 miles.It was originally intended
that the railroad would form one of the sections of a continuous rail line from
Chicago; St. Louis, and Memphis to Baton Rouge, Houston, Brownsville, Tampico,
and Mexico City, Mexico.By the early
1930’s the railroad owned a 25 percent interest in the Houston Belt and
Terminal Railway Company and a 50 percent interest in the Brownsville and
Matamoros Bridge Company.The StLBMRC
was acquired by the Missouri Pacific Line on January 1925 but continued to
operate as a separate company until it was merged into the Missouri Pacific
Railroad Company on March 1, 1956.[4]The Missouri Pacific Railroad Company was
acquired by UP on January 1, 1997.

The
B&M Bridge Line was constructed in 1909, including the international
bridge, which was designed to handle both rail and vehicular traffic.A dedicated vehicular bridge was constructed
adjacent to the original structure in 1997.

UP and B&M served the Historic Report as required by the Board’s environmental
rules (49 C.F.R. § 1105.8(a)) and served the report on the Texas
Historical Commission (SHPO) pursuant to 49 C.F.R. § 1105.8(c).[5]In a
letter dated June 13, 2012, the SHPO offers an opinion that the Line that
includes the two bridges located at milepost 6.21 and milepost 6.72, excluding
the B&M Bridge, that no historic properties are affected.However, the SHPO states that the B&M
Bridge is eligible under Criterion A for Transportation and Criterion C for
Engineering.Therefore, the SHPO requests
that further coordination is required regarding the B&M Bridge before it
can complete its review.Furthermore,
the SHPO suggests that the Board coordinate with the following interested
parties who may have interest in the B&M Bridge:U.S. Department of State, U.S. Army Corps of
Engineers, International Boundary and Water Commission, U.S. Customs &
Border Protection.OEA is providing these
agencies with a copy of this EA for review and comment.

As
noted earlier, B&M intends to retain ownership of the 0.08 mile B&M
Bridge because that portion of the Line is unsuitable for both public use and
interim trail use.B&M also notes
that the B&M Bridge may prove useful in the future for the movement of
motor vehicle traffic across the border between Mexico and the United
States.

Pursuant to the Section
106 regulations of the National Historic Preservation Act at 36 C.F.R. §
800.4(d)(1), and following consultation with the SHPO and the public, we have
determined that the proposed abandonment of the Line, excluding the B&M
Bridge, would not affect historic properties listed in or eligible for
inclusion in the National Register.The
documentation for this finding, as specified at 36 C.F.R. § 800.11(d), consists
of the railroad’s historic report, all relevant correspondence, and this EA,
which have been provided to the SHPO and made available to the public through
posting on the Board’s website at http://www.stb.dot.gov.

However, with respect to
the B&M Bridge, we are recommending a condition requiring the UP and
B&M to retain their interests in and take no steps to alter the historic
integrity of the B&M Bridge which may be eligible for listing or listed in
the National Register of Historic Places until completion of the Section 106
process.

Pursuant
to 36 C.F.R. § 800.2, OEA conducted a search of the Native American
Consultation Database to identify federally-recognized tribes that may have
ancestral connections to the project area.[6]The database indicated that there are no tribes
that may have knowledge regarding properties of traditional religious and
cultural significance within the right-of-way (the APE) of the proposed
abandonment.

CONDITIONS

We recommend that the following conditions be
imposed on any decision granting abandonment authority.

1.Union Pacific Railroad Company and Brownsville
and Matamoras Bridge Company shall consult
with the National Geodetic Survey at least 90 days prior to the beginning of
salvage activities that will disturb or destroy any geodetic station markers.

2.Union Pacific Railroad Company (UP) and
Brownsville and Matamoras Bridge Company (B&M) shall consult with the U.S. Fish and Wildlife
Service (USFWS), Alamo Ecological Services Sub-Office regarding potential
impacts to the fish hatchery, lands managed by the USFWS, and to migratory
birds and animals. If requested by the USFWS, UP shall conduct a nesting survey
of migratory birds if salvage activities extend into the migratory bird nesting
period of March through August.

3.Union Pacific Railroad Company (UP) and
Brownsville and Matamoras Bridge Company (B&M) shall consult with the U. S. Army Corps of
Engineers, the Texas Commission on Environmental Quality, Water Quality
Division regarding the need for Section 402, Section 404 or other water related
permits.

4.Union Pacific Railroad Company (UP) and
Brownsville and Matamoras Bridge Company (B&M) shall retain their interest
in and take no steps to alter the historic integrity of the B&M Bridge that
may be eligible for listing or listed in the National Register of Historic
Places until the Section 106 process of the National Historic Preservation Act,
16 U.S.C. § 470f, has been completed.UP
and B&M shall report back to the Office of Environmental Analysis (OEA)
regarding any consultations with the SHPO and the public.UP and B&M may not file its consummation
notice or initiate any salvage activities related to the B&M Bridge
(including removal of tracks and ties from the trestle bridge) until the
Section 106 process has been completed and the Board has removed this
condition.

CONCLUSIONS

Based
on the information provided from all sources to date, OEA concludes that, as
currently proposed, and if the recommended conditions
are imposed, that abandonment of the Line will not significantly affect
the quality of the human environment.Therefore, the environmental impact statement process is unnecessary.

Alternatives
to the proposed abandonment would include denial (and therefore no change in
operations), discontinuance of service without abandonment, and continued
operation by another operator.In any of
these cases, the existing quality of the human environment and energy
consumption should not be affected.

PUBLIC
USE

Following
abandonment and salvage of the rail line, the right-of-way may be suitable for
other public use.A request containing
the requisite 4-part showing for imposition of a public use condition (49
C.F.R. § 1152.28) must be filed with the Board and served on the railroad
within the time specified in the FederalRegister notice.

TRAILS
USE

A
request for a notice of interim trail use (NITU) is due to the Board, with a
copy to the railroad, within 10 days of publication of the notice of exemption
in the FederalRegister.Nevertheless, the Board will accept late-filed requests as long as it
retains jurisdiction to do so in a particular case.This request must comply with the Board’s
rules for use of rights-of-way as trails (49 C.F.R. § 1152.29).

PUBLIC
ASSISTANCE

The Board’s Office of Public
Assistance, Governmental Affairs, and Compliance responds to questions
regarding interim trail use, public use, and other reuse alternatives.You may contact this office directly at (202)
245-0238, or mail inquiries to Surface Transportation Board, Office of Public
Assistance, Governmental Affairs, and Compliance, Washington, DC 20423.

COMMENTS

If
you wish to file comments regarding this Environmental Assessment, send
original and 2 copies to Surface Transportation Board, Case Control Unit,
Washington, DC 20423, to the attention of Troy Brady, who prepared this
Environmental Assessment.Environmental
comments may also be filed electronically on the Board’s website,
www.stb.dot.gov, by clicking on the “E-FILING” link.Please refer to Docket No. AB 33 306X and
AB 1091X in all correspondence, including e-filings, addressed to the
Board.If you have any questions
regarding this Environmental Assessment, please contact Troy Brady, the
environmental contact for this case, by phone at (202) 245-0301, fax at (202)
245-0454, or e-mail at Troy.Brady@stb.dot.gov.

Date made available to the public:February 19, 2013.

Comment due date:March
20, 2013.

By the Board, Victoria Rutson, Director, Office of
Environmental Analysis.

Attachment

[1]The
Department of State is charged with the issuance of Presidential Permits for
the construction of international bridges between the United States and
Mexico.As part of this project the
Department of Stated issued an environmental assessment with a finding of No
Significant Effect.

[2]The Environmental and Historic Reports are
available for viewing on the Board’s website at www.stb.dot.gov by going to “E-Library,” selecting “Filings,” and
then conducting a search for AB 33 306X and AB 1091X.